Northampton Lawyers - Stop Creditors From Contacting You
Hampshire, Franklin, Hampden and Berkshire Counties
The most obvious and immediate benefit of filing for relief under any chapter of the U.S. Bankruptcy Code is that all your creditors must immediately stop trying to collect any debts you owed before you filed your bankruptcy petition. For further information about how you can stop creditors from contacting you, contact the Northampton, Massachusetts debtor's attorneys at Ostrander Law Office.
Ostrander Law Office serves clients throughout central and western Massachusetts, including Hampshire, Franking, Hampden, Berkshire and Worcester.
The 'Automatic Stay' Stops Creditors From Contacting You
As soon as you file your bankruptcy petition and filing fee to the court, the court issues a bankruptcy Order for Relief, which imposes an "automatic stay" on collection activities by your creditors.
The automatic stay works as an injunction against any attempt to enforce or collect a debt, including:
- Commencing or continuing a mortgage foreclosure
- Repossessing a car or other collateral that secures a debt
- Filing a lawsuit to obtain a judgment against you
- Garnishing your wages, or continuing a garnishment that's already begun
- Levying on bank accounts, rights to payment, or other assets
- Attempts to collect credit card debts
- Making a demand or request for payment from you in any form, including telephone calls
Even creditors whose claims against you are not subject to discharge under bankruptcy — such as the IRS or the recipient of child support obligations — are covered by the automatic stay and must stop any current collection activities.
While your bankruptcy case is pending, each of your creditors needs to get bankruptcy court permission before it can do anything to enforce its claim against you. Our Hampshire County bankruptcy attorneys can explain this process to you and defend your interests if a creditor seeks "relief from the automatic stay." In most cases, the Ostrander Law Office can negotiate a mutually satisfactory arrangement with a creditor to prevent a home mortgage foreclosure or motor vehicle repossession.
In rare cases, a creditor will intentionally ignore the bankruptcy case and continue its collection efforts against you. In those situations, our Massachusetts automatic stay enforcement lawyers can represent you in a legal action against the offending creditor if the creditor's actions are not justified.
For a more complete understanding of your rights and benefits under bankruptcy's automatic stay, contact the western Massachusetts consumer bankruptcy attorneys at Ostrander Law Office.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.